TO: All IV-D Agents and Staff CSM No. 36

TO: All IV-D Agents and Staff CSM No. 36

Division of Child Support

Division of Service Regions, Child Support Section

FROM: Jan Bean

Acting Director

DATE: August 25, 2004

SUBJECT: 2004-06 Genetic Testing Contract

The 2005-06 contract to provide statewide testing services for the purpose of establishing paternity was awarded to a Dayton, Ohio, vendor, Orchid GeneScreen. GeneScreen will provide the genetic testing service for two fiscal years, July 1, 2004 through June 30, 2006.

The contract with Orchid GeneScreen includes the following changes from the previous contract:.

·  The cost of genetic testing is not to exceed $41.00 per sample.

·  GeneScreen must schedule all tests within fifteen calendar days following notification by contracting officials.

The vendor’s address, telephone numbers and the contact person are listed below:

Orchid GeneScreen

5698 Springboro Pike

Dayton, OH 45449

Telephone: (800) 443-2383

Fax: (937) 294-0511

Contact Person: Kathy Leis, Director of Operations

Attached is an excerpt from the Master Agreement with Orchid GeneScreen that outlines the fees and the services they will provide. Questions about the contract for genetic testing are to be directed to Sean Combs, Contracts Management Branch, (502) 564-6746 extension 4090.

Cross References:

Prosecutors’ Handbook Section 13.000, Paternity

Operations’ Handbook Section 16.000, Paternity

CSM No. 36

August 25, 2004

Page two

Obsolete:

Child Support Memorandum No. 25

Attachment:

Orchid GeneScreen, Fees and Services

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Attachment

ORCHID GENESCREEN

Fees and Services

1.  METHOD OF PAYMENT

A sum, not to exceed $41.00 (Forty-one dollars) per sample will be paid to GeneScreen upon submission of a Commonwealth of Kentucky, Child Support Enforcement Invoice/Invoice Summary;

Monthly reimbursement shall be made for budgeted expenses as described in the contract which are based on actual and allowable expenses. Payment by the Cabinet to the Second Party, GeneScreen, shall be made only after receipt of appropriate, acceptable, and timely bills submitted to the Cabinet by GeneScreen in a manner prescribed by the Cabinet.

2.  THE SECOND PARTY AGREES TO PERFORM THE FOLLOWING SERVICES:

2.1.  Provide phlebotomists to obtain buccal swab samples at specified locations in all 120 Kentucky counties as well as set up a network of phlebotomist and couriers to service interstate cases in the continental U.S. and abroad. The location of the genetic test site will be the responsibility of the Second Party. The test site shall be located at a mutually agreed upon location for the contracting officials and the Second Party. Any costs associated with obtaining the genetic samples and the testing site will be the responsibility of the Second Party;

2.2.  Employ phlebotomists who shall require positive identification of all persons by photographing and fingerprinting each individual tested and ensure positive identification of the genetic test container by having the mother sign the genetic test sample for the mother and child(ren), and the alleged father signing his genetic test sample;

2.3.  Ensure a legal chain of custody of the genetic test samples by providing verified documentation notarized with the signature of the notary and the commission expiration date, in the chain of custody. The chain of custody form shall be notarized when the genetic sample is taken, and shall be sealed with the samples. The Second Party shall make arrangements prior to the sample testing to provide a notary. When tests are completed on-site, a contracting official staff person may notarize the form;

2.4.  Provide for overnight shipment of the genetic test samples; either by express mail, next day mail, or courier service to the laboratory under conditions which shall ensure the integrity of the sample, chain of evidence of the sample, protection against tampering of the sample, and protection against possible intermingling of samples obtained from different individuals on the same day;

2.5.  Perform all DNA tests necessary to reach multiple exclusions, or obtain a 99% inclusion rate;

2.6.  Prepare and send by first class mail to the contracting official, who scheduled the test, a written report of all tests performed by the laboratory within fourteen (14) calendar days of receipt of the buccal swab sample. If test results are received fifteen- (15) calendar days or later, the test shall be at the expense of the Second Party. The report must identify each party whose buccal swab sample was tested and the date the sample was obtained and tested. An interpretation of the data will be presented, including – exclusion of paternity, non-conclusive results or establishment of paternity;

2.7.  In cases of non-exclusion, results of computations for the putative father will be presented in cases where problems arise requiring additional tests, or extended time for additional testing, the Second Party shall immediately provide by telephone facsimile the reason for the delay on the day of the determination of need for delay or retest;

2.8.  The contracting official shall be notified, when the Second Party identifies a sample that will require additional testing that would not allow the results to be forwarded to the contracting official with the fourteen (14) calendar day timeframe from the date of receipt by the laboratory. Such notification shall clearly identify the case names and provide an estimated date of results;

2.9.  Provide expert witness testimony in legal proceedings involving questions of paternity upon request from the contracting official. Second Party shall be responsible for transportation, boarding, and any other such costs for expert witness;

2.10.  On a monthly basis by the tenth (10th) day of the month, provide a report to the Cabinet for Health and Family Services, Department for Community Based Services, Division of Child Support, P.O. Box 2150, Frankfort, KY 40601, which specifies by county, the following information:

a  The number of cases received;

b  The average turnaround time;

c  The number of cases requiring more than the average turnaround time;

d  Exclusion rates;

e  The number of cases pending.

2.11  Supply K-TAP and Non-K-TAP forms, and all other supplies necessary to complete this service contract, and to provide supplies to ensure the health and safety of all parties;

2.12  Pay to the Cabinet for Families and Children the cost associated with a third genetic test if either of the first two (2) genetic test results are contested and a third test is required by a different company, and the results are contrary to the first or second genetic test;

2.13  Second Party shall provide the agency with a compilation of each county’s phlebotomist and a phone number where they can be reached within three (3) calendar weeks of the effective date of the contract;

2.14  Place the IV-D Agency’s designation on their forms. Second Party shall contact each contracting official within two (2) calendar weeks from the effective date of the contract with information on that county’s phlebotomist and contact person for scheduling the genetic test;

2.15  Submit monthly bills in the form and manner prescribed by the IV-D Agency. Refer to Item 2 of the Method of Payment for reimbursement provisions. Invoices are to be submitted to the Division of Procurement Services/Contracts Management Branch, 275 East Main St. 4E-E, Frankfort, KY 40621;

2.16  To assure the confidentiality of all information whether written or verbal, provided by or about any client seeking or receiving services under this contract, except as approved and authorized in writing by the client or as otherwise authorized by law, including the Privacy Act of 1964 (P.L. 93-579; 5 USC 552A), and the Health Insurance Portability and Accountability Act (HIPAA).

INSTRUCTIONS ON TRANSMITTING, IDENTIFICATION OF PARTIES, HANDLING OF GENETIC SAMPLES, TEST SCHEDULING, AND RETESTING

IDENTIFICATION OF INDIVIDUALS AND SAMPLES

1.  Each sample shall be placed in a color-coded envelope shall be legibly labeled with the individual’s full name, social security number, or other means of identification, and the date that the sample was obtained. Each test for the mother, child, and alleged father must be color-coded using different colors;

2.  The information form provided by the laboratory shall be filled out completely and submitted to the laboratory with the genetic sample. It is preferable that the individuals tested identify each other. If the laboratory has any doubt as to the identification of an individual or a genetic test sample, testing will not be done. If testing will not be done, the laboratory shall promptly notify the contracting official.

OBTAINING AND TRANSPORTING SAMPLES

1.  Second Party must provide a color-coded envelope with its identifying information. The envelope is to be placed in a container certified by the U.S. Postal Service, and meeting all federal requirements of transporting of genetic testing samples. Separate containers for the individuals involved in a given case (i.e. mother, child, and putative father) are to be secured together and transported as one unit. The chain of custody shall be protected by the Second Party;

2.  Second Party is to store and ship genetic samples in such a manner as not to impair the validity of the sample. Shipment of genetic samples must be made promptly. Prior to leaving the testing site the phlebotomist shall ensure that each genetic test sample is properly labeled, packaged and picked up by the courier.

SCHEDULING OF TESTS

1. Provide each contracting official prior notification of the testing schedule. Such scheduling will include the names of the individuals to be tested, their test location and proposed date of testing;

2.  All tests must be scheduled within fifteen (15) calendar days following notification by contracting officials. Second Party shall not impose a minimum number of cases before scheduling a genetic test to be held in any county. Genetic testing shall be done Monday through Friday, except holidays.

RETESTING

If a genetic test sample cannot be tested for any reason, Second Party shall notify he contracting official in writing and schedule retesting with a new sample at no additional cost within two (2) days of receipt of notice by the contracting official.

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